El Masri (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, Subclass 836 (Carer) visa, made by a mother in relation to her daughter. The applicant was a relative of the sponsor. The core of the dispute concerned the applicant's relationship to the sponsor, with the Department of Home Affairs having made a decision without sufficient evidence of this relationship.

The Tribunal was required to determine whether the applicant had provided sufficient evidence of her relationship to the sponsor to satisfy the criteria for the visa. Specifically, the Tribunal needed to assess whether the decision made by the Department had been made without hearing necessary evidence, and if so, what the appropriate course of action should be.

The Tribunal found that national identity documents and a family book had been provided to the Tribunal, which constituted evidence of the mother-daughter relationship. It concluded that the decision had been made without considering this necessary evidence. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that clause 836.213 of Schedule 2 to the Regulations, relating to the carer visa criteria, was met.